Laws 1953, c. 359, LB 74, pp. 1137–1139 (appr. & eff. Mar. 24, 1953)

Chapter 359

Relating to Rules of Administrative Agencies

Legislative Bill 74

Introduced by Sam Klaver of Douglas, Frank Nelson of Holt, Tom Dooley of Sarpy, George Syas of Douglas

1138

AN ACT to amend section 84-904, Reissue Revised Statutes of Nebraska, 1943, relating to rules of administrative agencies; to require public hearing and notice of the adoption, amendment, or repeal of any rule of any state agency, except as prescribed; to require that any change in the rules of such agencies to be approved by certain public officials; to provide that such rules may be rejected or changed by the Legislature; to repeal the original section; and to declare an emergency.

Be it enacted by the people of the State of Nebraska,

Section 1. No rule shall be adopted, amended or repealed by any state agency except after public hearing on the question of adopting, amending, or repealing such rule. Notice of such hearing shall be given at least ten days prior thereto by publication in a newspaper having general circulation in the state. All such hearings shall be open to the public. The Governor in writing prior to the adoption, amendment, or repeal of any rule may waive, for good cause shown, the provisions of this section.

Sec. 2. No adoption, amendment, or repeal of any rule shall becoe effective until the same shall have been approved by the Governor, except rules of the Nebraska State Railway Commission, which shall not become effective until approved by the Attorney General.

Sec. 3. That section 84-904, Reissue Revised Statutes of Nebraska, 1943, be amended to read as follows:

84-904. Each agency shall file with the Clerk of the Legislature, not more than thirty nor less than ten days prior to the commencement of each regular legislative session, a certified copy of the rules of the agency in force and effect at the time of filing, properly indexed in the manner prescribed for filing with the Secretary of State, for the consideration of the Legislature, may be rejected, changed, altered, amended, or modified in such manner as it deems advisable.

1139 Sec. 4. That original section 84-904, Reissue Revised Statutes of Nebraska, 1943, is repealed.

Sec. 5. Since an emergency exists, this act shall be in full force and take effect, from and after its passage and approval, according to law.

Approved